LACFLA About Collaborative Law

What is Collaborative Family Law?

Collaborative family law is a powerful and effective way for people who are divorcing to reach fair solutions and resolve differences. Collaborative family law is about achieving a fair and equitable settlement and accomplishing the thoughtful restructuring of the family.

The collaborative family law process is progressive because it allows couples to obtain the positive advantages of legal, financial and personal assistance in sorting out the complexities of their divorce while completely avoiding the harmful disadvantages of the adversarial litigation process.

Only collaborative family law addresses the whole picture that is involved in divorce. It recognizes that divorce is more than a legal event. It is also a time of intense distress and challenge for both parties, particularly for the children. Many financial issues are involved and often they are complex. Because it does address the whole picture, the collaborative law process helps parties achieve a more complete, satisfactory and lasting resolution.

Parents and children heal faster and have better relationships with each other after the divorce. Children are protected from the most devastating aspects of a family break-up.

People can use the collaborative family law process to resolve their entire matter, including child custody and visitation issues, property division and support. Post-divorce issues, such as adjustment of time with children or adjustment of support, can also be solved with collaborative law.

How Does It Work?

In collaborative family law, you will have an attorney who provides full legal protection and advocacy. You will have support and coaching from a psychological expert. There will be a neutral financial professional to provide analysis and advice.

All financial information is exchanged voluntarily and completely. Your attorney helps you to assess the information and provides guidance and options.

A series of four-way meetings is scheduled to systematically examine the issues, explore options and work toward an agreement that satisfies both parties. An agenda is set for each meeting so that everyone is clear what issues will be discussed that time. Attorneys meet with their clients to prepare for each meeting.

A problem-solving approach is used. Collaborative attorneys are trained in interest-based negotiation, and they help the parties to work productively to find agreements that meet the interests of both. This type of negotiation allows both sides to win, and it is also known as "win-win" negotiation.

The collaborative family law process is voluntary, and both parties must agree to choose it and to continue in it until resolution. This means each participant has a stake in being fair and cooperative, because uncooperative behavior will cause the process to terminate.

If the process does terminate, the parties continue to have all of their rights and remedies under the law. The collaborative attorneys will withdraw. The parties can proceed to hire counsel to take the case to court and have it be decided by a judge.

What About Costs?

If you must divorce, what would it be worth to you to have a superior resolution process that is fair and safe? In fact, experience shows that collaborative family law cases are substantially less expensive than cases that are taken to court, but more satisfactory to the clients.

Costs will vary depending upon the difficulty of the matter, but one thing is certain: no funds will be spent on fueling the fighting. In collaborative family law parties are assured of getting the assistance they need to succeed, while avoiding costs associated with unproductive fighting. The dollars spent on the collaborative process are a wise investment in a better future for each party and for the children.